Gas, Etc., Co. v. Patterson
| Decision Date | 03 January 1898 |
| Citation | 184 Pa. 364 |
| Parties | The Lake Erie Gas Coal & Coke Co., Appellant, <I>v.</I> James E. Patterson and John M. McClure, Executors of the Estate of Alexander M. McClure, deceased, John M. McClure, Jennie H. Patterson, Joseph E. Seiffert, Sarah B. Stuckslager, Nora D. Thomas, A. L. McClure, L. C. Borelle, Samuel M. McClure, Emma L. Tyson, James E. Patterson, and W. F. Stewart, Trustee of the Real Estate of Alexander M. McClure, deceased. |
| Court | Pennsylvania Supreme Court |
v.
James E. Patterson and John M. McClure, Executors of the Estate of Alexander M. McClure, deceased, John M. McClure, Jennie H. Patterson, Joseph E. Seiffert, Sarah B. Stuckslager, Nora D. Thomas, A. L. McClure, L. C. Borelle, Samuel M. McClure, Emma L. Tyson, James E. Patterson, and W. F. Stewart, Trustee of the Real Estate of Alexander M. McClure, deceased.
Page 365
Argued Nov. 9, 1897.
Appeal, No. 187, Oct. T., 1897, by plaintiff, from decree of C. P. No. 3, Allegheny Co., May Term, 1897, No 479, dismissing bill in equity.
Before STERRETT, C. J., GREEN, WILLIAMS, McCOLLUM, MITCHELL, DEAN and FELL, JJ. Affirmed.
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John O. Petty, with him Kennedy J. Friend, for appellant. —The lease became absolutely void upon the death of Alexander M. McClure, as to the part of the demised premises held for life, and cannot be set up again by the remaindermen: Bacon's Abridgement, Lease, 1; Comyn, Landlord and Tenant, 24; Jackson on Landlord and Tenant, sec. 364; Standard Metallic Paint Co. v. Prince Mfg. Co., 133 Pa. 474; Reiff v. Reiff, 64 Pa. 134; Taylor on Landlord and Tenant, sec. 112; Simpson v. Butcher, 1 Douglas, 50; Borie v. Crissman, 3 W. N. C. 144; McDowell v. Addams, 45 Pa. 430; Haslage v. Krugh, 25 Pa. 97; Cobel v. Cobel, 8 Pa. 342. Upon the lease becoming void as to one part, the lessee had a right to surrender the lease as to the residue: McClurg v. Price, 59 Pa. 427; Duff v. Wilson, 69 Pa. 316; Seabrook v. Moyer, 88 Pa. 419; Beach on Contracts, secs. 786 and 787.
It was the duty of the lessor to secure to the lessee the right of way through the coal owed by the Youghiogheny River Coal Co., to mine the rear coal, and the failure to perform this duty, it being a condition precedent, released the lessee from the performance of its covenants so far as they relate to the said rear coal: Hoeveler v. Fleming, 91 Pa. 322; Kessler v. McConachy, 1 Rawle, 435; Wolf v. Weiner, 2 Brewster, 524; Bauer v. Broden, 3 Phila. 214; Garrison v. Moore, 1 Phila. 282.
Under the covenant of quiet enjoyment the plaintiff is entitled to the value of the improvements; the words therein, "legally dispossessed," mean the loss of possession under the lessor's title: Wood's Landlord and Tenant,...
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Christian v. Waialua Agr. Co., 8329.
... ... See Lake Erie Gas, Coal & Coke Co. v. Patterson, 184 Pa. 364, 39 A. 68; Armstrong v. Rodemacher, 199 Iowa 928, 203 ... ...
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Hill v. Roberts
... ... "There is excepted from this conveyance all the oil, gas and other minerals upon, in or under, the north 160 acres of this tract, said 160 acres in the form ... 2408 and described by metes and bounds," etc ... Defendant, Hill, appealed from this judgment and at his request the court ... Leonard, by the Commission of Appeals, 254 S. W. 779; Curlee v. Anderson & Patterson, 235 S. W. 622, by this court; Queen v. Turman, 257 S. W. 1092, by the Commission of Appeals; Jones ... ...
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Mclane v. Silver Bros. Inc.
...words “lessor” and “lessee” should include “the heirs, executors, successors and assigns as the context so admits.” Lake Erie, etc., Co. v. Patterson, 184 Pa. 364, 39 A. 68; Shapleigh v. Shapleigh, 69 N.H. 577, 579, 44 A. 107. If it might have been wiser for the parties to have induced the ......
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Doverspike v. Chambers
... ... gas lease by life tenant Mary E. Chambers in favor of the developer, James R. Doverspike and Carl ... See: Lake Erie Gas Coal & Coke Co. v. Patterson, 184 Pa. 364, 39 A. [357 Pa.Super. 547] 68 (1898). Unlike the intent to reserve a lease-making ... ...